Care Bill (HL Bill 45)

(2) In subsection (1), after “Except in case A or B” insert “and subject to subsections
(3A) to (3F)”.

(3) After subsection (3) insert—

“(3A) R may not apply under subsection (1)(a) for the variation of a condition
5where either subsection (3B) or (3C) applies.

(3B) This subsection applies where—

(a) the Commission has given R notice under section 26(4)(c) of a
proposal to make that variation (or a variation which would
have substantially the same effect as that variation), and

(b) 10the Commission has not decided not to take that step.

(3C) This subsection applies where—

(a) the Commission has given R notice under section 28(3) of its
decision to make that variation (or a variation which would
have substantially the same effect as that variation), and

(b) 15either the time within which an appeal may be brought has not
expired or, if an appeal has been brought, it has not yet been
determined.

(3D) R may not apply under subsection (1)(a) for the removal of a condition
where either subsection (3E) or (3F) applies.

(3E) 20This subsection applies where—

(a) the Commission has given R notice under section 26(4)(c) of a
proposal to remove that condition, and

(b) the Commission has not decided not to take that step.

(3F) This subsection applies where—

(a) 25the Commission has given R notice under section 28(3) of its
decision to remove that condition, and

(b) either the time within which an appeal may be brought has not
expired or, if an appeal has been brought, it has not yet been
determined.”

(4) 30The amendments made by this section do not affect any application made
under section 19(1)(a) of the Health and Social Care Act 2008 before the day on
which those amendments come into force.

82 Unitary board

(1) In paragraph 3 of Schedule 1 to the Health and Social Care Act 2008
35(membership of the Care Quality Commission), in sub-paragraph (1)—

(a) after paragraph (a), omit “and”, and

(b) at the end of paragraph (b) insert “,

(c) a chief executive appointed by the members
appointed under paragraphs (a) and (b), and

(d) 40other members appointed by the members appointed
under paragraphs (a) and (b)”.

(2) After that sub-paragraph, insert—

“(1A) The members appointed under sub-paragraph (1)(a) and (b)—

(a) are not employees of the Commission, and

(b) are referred to in this Schedule as the “non-executive
members”.

(1B) The members appointed under sub-paragraph (1)(c) and (d)—

(a) are employees of the Commission, and

(b) 5are referred to in this Schedule as the “executive members”.

(1C) The number of non-executive members must exceed the number of
executive members.”

(3) In sub-paragraph (2) of that paragraph—

(a) for “sub-paragraph (1)”, substitute “sub-paragraph (1)(a) and (b)”, and

(b) 10for “the members”, substitute “the non-executive members”.

(4) In sub-paragraph (3) of that paragraph, for “any other member”, substitute
“any other non-executive member”.

(5) In sub-paragraph (4) of that paragraph—

(a) in paragraph (a)—

(i) 15for “other members”, substitute “other non-executive
members”, and

(ii) for “of members who may be appointed”, substitute “of such
members who may be appointed”,

(b) after paragraph (a), omit “and”,

(c) 20in paragraph (b), for “other members”, substitute “other non-executive
members”, and

(d) after paragraph (b), insert—

“(c) the limits on the total number of members who may
be appointed, and

(d) 25the minimum total number of members who must be
appointed”.

(6) In paragraph 4 of that Schedule (the cross-heading preceding which becomes
“Remuneration and allowances for non-executive members”), in sub-
paragraphs (1) and (2), for “any other member”, substitute “any other non-
30executive member”.

(7) In paragraph 5 of that Schedule (employees), omit sub-paragraph (1).

(8) In sub-paragraph (2) of that paragraph, for “such other employees”, substitute
“such employees (in addition to the executive members appointed by the non-
executive members)”.

35Performance ratings

83 Reviews and performance assessments

(1) Chapter 3 of Part 1 of the Health and Social Care Act 2008 (the Care Quality
Commission: quality of health and social care) is amended as follows.

(2) For section 46 (periodic reviews of health and social care provision)

substitute—

“46 Reviews and performance assessments

(1) The Commission must, in respect of such regulated activities and such
registered service providers as may be prescribed—

(a) 5conduct reviews of the carrying on of the regulated activities by
the service providers,

(b) assess the performance of the service providers following each
such review, and

(c) publish a report of its assessment.

(2) 10Regulations under subsection (1) may prescribe—

(a) all regulated activities or regulated activities of a particular
description;

(b) all registered service providers or particular registered service
providers;

(c) 15the whole of a regulated activity or a particular aspect of it.

(3) The Commission must, in respect of such English local authorities as
may be prescribed—

(a) conduct reviews of the provision of such adult social services
provided or commissioned by the authorities as may be
20prescribed,

(b) assess the performance of the authorities following each such
review, and

(c) publish a report of its assessment.

(4) Regulations under subsection (3) may prescribe—

(a) 25all adult social services or adult social services of a particular
description;

(b) all local authorities or particular local authorities.

(5) The assessment of the performance of a registered service provider or
local authority is to be by reference to whatever indicators of quality the
30Commission devises.

(6) The Commission must prepare a statement—

(a) setting out the frequency with which reviews under this section
are to be conducted and the period to which they are to relate,
and

(b) 35describing the method that it proposes to use in assessing and
evaluating the performance of a registered service provider or
local authority under this section.

(7) The Commission may—

(a) use different indicators for different cases,

(b) 40make different provision about frequency and period of
reviews for different cases, and

(c) describe different methods for different cases.

(8) The Commission must publish—

(a) any indicators it devises for the purpose of subsection (5), and

(b) 45the statement it prepares for the purpose of subsection (6).

(9) Before doing so, the Commission—

(a) must consult the Secretary of State and such other persons, or
other persons of such a description, as may be prescribed, and

(b) may also consult any other persons it considers appropriate.

(10) 5The Commission may from time to time revise—

(a) any indicators it devises for the purpose of subsection (5), and

(b) the statement it prepares for the purpose of subsection (6);

and, if it does so, it must publish the indicators and statement as
revised.

(11) 10Subsection (9) applies to revised indicators and a revised statement, so
far as the Commission considers the revisions in question to be
significant.

(12) In this section “registered service provider” means a person registered
under Chapter 2 as a service provider.”

(3) 15Sections 47 (frequency and period of reviews under section 46) and 49 (power
to extend periodic review function) are repealed.

(4) In consequence of the preceding provisions of this section—

(a) in section 50(1) of the Health and Social Care Act 2008 (failings by
English local authorities), omit “or 49”;

(b) 20in section 51(1) of that Act (failings by Welsh NHS bodies), omit “or 49”;

(c) in section 70(3)(a) of that Act (provision by Commission to Monitor of
material relevant to review under section 46 or 49), omit “or 49”;

(d) in section 72(a) of that Act (provision by Commission to Comptroller
and Auditor General of material relevant to review under section 46 or
2549), omit “or 49”;

(e) in Schedule 5 to the Health and Social Care Act 2012 (amendments in
consequence of Part 1 of that Act), omit paragraphs 157, 159, 163 and
164.

False or misleading information

84 30Offence

(1) A care provider of a specified description commits an offence if—

(a) it supplies, publishes or otherwise makes available information of a
specified description,

(b) the supply, publication or making available by other means of
35information of that description is required under an enactment or other
legal obligation, and

(c) the information is false or misleading in a material respect.

(2) But it is a defence for a care provider to prove that it took all reasonable steps
and exercised all due diligence to prevent the provision of false or misleading
40information as mentioned in subsection (1).

(3) “Care provider” means—

(a) a public body which exercises functions in connection with the
provision of health services or adult social care in England, or

(b) a body (other than a public body) which provides health services or
adult social care in England pursuant to arrangements made with a
public body exercising functions in connection with the provision of
such services or care.

(4) 5“Health services” means services which must or may be provided as part of the
health service.

(5) “Adult social care”—

(a) includes all forms of personal care and other practical assistance for
individuals who, by reason of age, illness, disability, pregnancy,
10childbirth, dependence on alcohol or drugs, or any other similar
circumstances, are in need of such care or other assistance, but

(b) does not include anything provided by an establishment or agency for
which Her Majesty’s Chief Inspector of Education, Children’s Services
and Skills is the registration authority under section 5 of the Care
15Standards Act 2000.

(6) “Specified” means specified in regulations.

(7) If a care provider commits an offence under either of the provisions mentioned
in subsection (8) in respect of the provision of information, the provision of that
information by that provider does not also constitute an offence under
20subsection (1).

(8) The provisions referred to in subsection (7) are—

(a) section 44 of the Competition Act 1998 (provision of false or misleading
information) as applied by section 72 of the Health and Social Care Act
2012 (functions of the OFT under Part 1 of the Competition Act 1998 to
25be concurrent functions of Monitor), and

(b) section 117 of the Enterprise Act 2002 (provision of false or misleading
information) as applied by section 73 of the Health and Social Care Act
2012 (functions of the OFT under Part 4 of the Enterprise Act 2002 to be
concurrent functions of Monitor).

(9) 30If a care provider commits an offence under subsection (1) in respect of the
provision of information, the provision of that information by that provider
does not also constitute an offence under section 64 of the Health and Social
Care Act 2008 (failure to comply with request to provide information).

85 Penalties

(1) 35A care provider who is guilty of an offence under section 84 is liable, on
summary conviction or on conviction on indictment, to a fine.

(2) A court before which a care provider is convicted of an offence under section
84 may (whether instead of or as well as imposing a fine under subsection (1))
make either or both of the following orders—

(a) 40a remedial order,

(b) a publicity order.

(3) A “remedial order” is an order requiring the care provider to take specified
steps to remedy one or more of the following—

(a) the conduct specified in section 84(1),

(b) 45any matter that appears to the court to have resulted from the conduct,

(c) any deficiency, as regards the management of information, in the care
provider’s policies, systems or practices of which the conduct appears
to the court to be an indication.

(4) A “publicity order” is an order requiring the care provider to publicise in a
5specified manner—

(a) the fact that it has been convicted of an offence under section 84,

(b) specified particulars of the offence,

(c) the amount of any fine imposed, and

(d) the terms of any remedial order made.

(5) 10A remedial order may be made only on an application by the prosecution
specifying the terms of the proposed order; and any such order must be on
such terms (whether those proposed or others) as the court considers
appropriate having regard to any representations made, and any evidence
adduced, in relation to that matter by the prosecution or on behalf of the care
15provider.

(6) A remedial order must specify a period within which the steps referred to in
subsection (3) are to be taken.

(7) A publicity order must specify a period within which the requirements
referred to in subsection (4) are to be complied with.

(8) 20A care provider that fails to comply with a remedial order or a publicity order
commits an offence and is liable on conviction on indictment to a fine.

Part 3 Health

CHAPTER 1 Health Education England

25Establishment

86 Health Education England

(1) There is to be a body corporate called Health Education England (referred to in
this Act as “HEE”).

(2) Schedule 5 (which includes provision about HEE’s constitution, the exercise of
30its functions and its financial and reporting duties) has effect.

(3) The Special Health Authority called Health Education England is abolished;
and, in consequence of that, the following are revoked—

(a) the Health Education England (Establishment and Constitution) Order
2012 (S.I. 2012/1273S.I. 2012/1273), and

(b) 35the Health Education England Regulations (S.I. 2012/1290S.I. 2012/1290).

(4) The Secretary of State may by order provide for the transfer of property, rights
and liabilities from that Special Health Authority to HEE; for further provision
about an order under this section, see section 108.

National functions

87 Planning education and training for health care workers etc.

(1) HEE must perform on behalf of the Secretary of State the duty under section
1F(1) of the National Health Service Act 2006 (planning and delivery of
5education and training), so far as that duty applies to the functions of the
Secretary of State under—

(a) section 63(1) and (5) of the Health Services and Public Health Act 1968
(instruction for officers of hospital authorities etc.),

(b) section 258(1) of the National Health Service Act 2006 (university
10clinical teaching and research), and

(c) such other of the enactments listed in section 1F(3) of that Act as
regulations may specify.

(2) Regulations may—

(a) provide for the duty under section 1F(1) of the National Health Service
15Act 2006 to apply to such other functions of the Secretary of State as are
specified; and

(b) impose on HEE a duty to perform the duty as it applies as a result of
provision made under paragraph (a).

(3) Regulations may provide that the duty under subsection (1) or a duty imposed
20under subsection (2) may only be performed, or may not be performed, in
relation to persons of a specified description.

(4) In each of the following provisions of the National Health Service Act 2006,
after “the Secretary of State” insert “and Health Education England”—

(a) section 1F(2) (duty on providers of health services to support system of
25education and training for health care workers);

(b) section 13M (duty on National Health Service Commissioning Board to
support that system);

(c) section 14Z (duty on clinical commissioning groups to support that
system).

(5) 30Regulations may give HEE further functions relating to education and training
for health care workers.

(6) HEE may, with the consent of the Secretary of State, carry out other activities
relating to—

(a) education and training for health care workers;

(b) 35the provision of information and advice on careers in the health service.

(7) After section 63(6) of the Health Services and Public Health Act 1968 insert—

“(6A) The Secretary of State may make such other payments as the Secretary
of State considers appropriate to persons availing themselves of such
instruction in England.

(6B) 40The Secretary of State may make a payment under subsection (6)(b) or
(6A) subject to such terms and conditions as the Secretary of State
decides; and the Secretary of State’s power to make such a payment
includes power to suspend or terminate the payment, or to require
repayment, in such circumstances as the Secretary of State decides.”

(8) The power of the Secretary of State under section 63(6) or (6A) of the Health
Services and Public Health Act 1968 is exercisable concurrently with HEE; but,
in exercising the power, HEE must have regard to any guidance or other
information issued by the Secretary of State about its exercise.

(9) 5“Health care workers” means persons in relation to whom HEE’s duty under
section 1F(1) of the National Health Service Act 2006 is to be performed.

88 Ensuring sufficient skilled health care workers for the health service

(1) HEE must exercise its functions with a view to ensuring that a sufficient
number of persons with the skills and training to work as health care workers
10for the purposes of the health service is available to do so throughout England.

(2) Regulations may provide that the duty under subsection (1) may only be
performed, or may not be performed, in relation to persons of a specified
description.

89 Quality improvement in education and training, etc.

(1) 15HEE must exercise its functions with a view to securing continuous
improvement—

(a) in the quality of education and training provided for health care
workers;

(b) in the quality of health services.

(2) 20HEE must, in exercising its functions, promote—

(a) research into matters relating to such of the activities listed in section
63(2) of the Health Services and Public Health Act 1968 (social care
services, primary care services and other health services) as are relevant
to HEE’s functions, and

(b) 25the use in those activities of evidence obtained from the research.

(3) In section 2(2) of the Health Act 2009 (bodies required to have regard to NHS
Constitution when exercising health service functions), after paragraph (g)
insert—

“(h) Health Education England.”

(4) 30HEE must exercise its functions with a view to securing that education and
training for health care workers is provided in a way which promotes the NHS
Constitution.

(5) “Health services” means health services provided as part of the health service.

(6) “NHS Constitution” has the meaning given by section 1(1) of the Health Act
352009.

90 Objectives, priorities and outcomes

(1) The Secretary of State must publish before the start of each financial year a
document which specifies the objectives and priorities that the Secretary of
State has set for HEE for that year in relation to the education and training to
40be provided for health care workers.

(2) The Secretary of State must also publish at intervals of not more than three
years a document (called the “Education Outcomes Framework”) which

specifies the outcomes that the Secretary of State has set for HEE to achieve
having regard to those objectives and priorities.

(3) The Secretary of State—

(a) may revise a document published under subsection (1) or (2), and

(b) 5if the Secretary of State does so, must publish it as revised.

(4) HEE must publish a document which—

(a) specifies the objectives and priorities that it has set, for the period
specified in the document, for the planning and delivery of education
and training to health care workers,

(b) 10specifies the outcomes that HEE expects to achieve in that respect
during that period having regard to those objectives and priorities, and

(c) includes, or refers to a document which includes, guidance for LETBs
(see section 93) on the exercise of the function under section 97(1).

(5) In performing the duty under subsection (4), HEE must have regard, in
15particular, to its objectives in the longer term in relation to the planning and
delivery of education and training to health care workers.

(6) HEE must ensure that the objectives, priorities and outcomes specified for the
purposes of subsection (4)(a) and (b) are consistent with those specified for the
purposes of subsections (1) and (2).

(7) 20A document under subsection (4) may specify different periods in relation to
different categories of health care worker.

(8) HEE must, before the end of 12 months beginning with the date on which a
document under subsection (4) is published—

(a) review the document, and,

(b) 25if HEE revises it, publish it as revised.

(9) HEE may perform the duty under subsection (4) by publishing two or more
documents which, taken together, comply with that subsection.

(10) HEE must seek to achieve the objectives and outcomes and to reflect the
priorities specified in any document—

(a) 30published by the Secretary of State under subsection (1), (2) or (3);

(b) published by HEE under subsection (4) or (8).

91 Sections 88 and 90: matters to which HEE must have regard

(1) In performing the duty under section 88(1) (ensuring sufficient skilled workers
for the health service) or the duty under section 90(4) (setting objectives,
35priorities and outcomes for education and training), HEE must have regard to
the following matters in particular—

(a) the likely future demand for health services and for persons with the
skills and training to work as health care workers for the purposes of
the health service,

(b) 40the sustainability of the supply of persons with the skills and training
to work as such,

(c) the priorities that providers of health services have for the education
and training of persons wishing to work as such,

(d) the mandate published under section 13A of the National Health
45Service Act 2006,

(e) the objectives of the Secretary of State in exercising public health
functions (as defined by section 1H of that Act),

(f) the priorities that the National Health Service Commissioning Board
has for the provision of health services,

(g) 5documents published by the Secretary of State under section 90(1), (2)
or (3),

(h) the desirability of promoting the integration of health provision with
health-related provision and care and support provision,

(i) the desirability of enabling health care workers to switch between
10different posts relating to health provision, health-related provision or
care and support provision, and

(j) such other matters as regulations may specify.

(2) In subsection (1), “health provision”, “health-related provision” and “care and
support provision” each have the same meaning as in section 3.

92 15Advice

(1) HEE must make arrangements for obtaining advice on the exercise of its
functions from persons who are involved in, or who HEE thinks otherwise
have an interest in, the provision of education and training for health care
workers.

(2) 20HEE must seek to ensure that it receives representations from the following, in
particular, under the arrangements it makes under subsection (1)—

(a) persons who provide health services;

(b) persons to whom health services are provided;

(c) carers for persons to whom health services are provided;

(d) 25health care workers;

(e) bodies which regulate health care workers;

(f) persons who provide, or contribute to the provision of, education and
training for health care workers.

(3) HEE may perform a duty under subsection (2) by seeking to ensure that it
30receives representations from organisations which represent the persons
referred to in the paragraph in question.

(4) HEE must advise the Secretary of State on such matters relating to its functions
as the Secretary of State may request; and a request under this subsection may
specify how and when the advice is to be provided.

(5) 35“Carer” means an adult who provides or intends to provide care for another
person.

Local functions

93 Local Education and Training Boards

(1) HEE must, in exercise of the power under paragraph 9 of Schedule 5, appoint
40committees for areas in England, each of which is to be called a Local Education
and Training Board (referred to in this Chapter as an “LETB”).

(2) The main function of an LETB is to exercise on HEE’s behalf its functions under
sections 87(1) and 88(1) (planning and delivering education for health care